Moorcroft v. Severance (2018)

Citation: Moorcroft v. Severance (2018)
Parent Document: Moorcroft v. Severance (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-03-12
Original Source: https://www.courtlistener.com/opinion/10026703/moorcroft-v-severance/ ↗

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        The court finds the predominant feature of the Life Lease, when one seeks to determine
how it applies to remedies for nonpayment of taxes, is the parties’ relationship as co- tenants in
common. Co-responsibility for taxes is a common feature of tenancy and is a day-to-day
property expenses obligation inferred by law when it is not specifically provided for in the
instrument that creates such a relationship. The court does not find that the parties would have
intended for the Severances to be subject to the harsh penalty of an equitable ejection – and loss
of their co-tenancy rights and life estates- for any breach in their tax share payment obligations.

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